Thank you for using Predictive Sales AI. By using Predictive Sales AI, you agree to our Terms of Service (“Terms”), conditions, and notices. If you are using Predictive Sales AI for an organization, you are agreeing on behalf of that organization.
Spectrum Communications & Consulting LLC (“Spectrum”) will provide remote access to our websites, applications, content, and various third-party services that make up Predictive Sales AI (“Services”). Customer may access and use the Services pursuant to Spectrum’s policies posted at www.predictivesalesai.com, as such policies may be updated from time to time.
Spectrum will provide to you one Customer ID for each account held by you, thereby permitting you to access the Services on one computer at a time through the website. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. You further agree (a) not to provide Customer ID’s to anyone who is not your employee, and (b) to ensure all individuals permitted to use the Customer IDs are aware of and have agreed in writing to comply with the terms of these Terms.
Spectrum reserves the right to change any information, features, or functions or the Services with 30 days written notice.
For all subscriptions, you authorize Spectrum to charge you according to the subscription you choose at the then current subscription rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
In addition to any remedies Spectrum may have pursuant to this Agreement or at law for non-payment, delinquency may result in a delay or suspension of the right to use the Services.
Payments are non-refundable, and there are no credits for partially used periods.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by sending an email to finance@spectruminc.com before the end of the then-current Subscription Term. You will not be charged after cancellation. There is no cancellation fee.
Following a cancellation, you will continue to have access to your Services through the end of your current billing period.
Spectrum makes available web-based support through the Predictive Sales AI website. Additional support services may be available to you based upon your subscription inclusions. Spectrum may also provide onboarding and other services under these Terms.
Customer acknowledges and agrees that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that the content or information present to the Customer through the Services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except where expressly provided otherwise by Spectrum, nothing in the Services or these Terms shall be construed to confer any license to any of Spectrum’s intellectual property rights, whether by estoppel, implication, or otherwise. Any names or trademarks of Spectrum’s software and any other Spectrum ser-vices marks, logos, and product service names are marks of Spectrum, and Customer agrees not to display or use Spectrum’s marks, or the marks of any third-party vendor, in any manner without the owner’s express prior written consent.
Each party will establish and maintain safeguards to protect Confidential Information consistent with applicable industry standards. Customer retains ownership of information collected about Customer or Customer’s clients contained in Spectrum’s database(s). Customer grants Spectrum a perpetual license of Customer data contained within its database(s), including content, contacts, metadata, graphic media, HTML data, source code, and the like. Spectrum may use and share with third parties de-identified, aggregate customer information to show general demographic and preference information or for other purposes. License extends to use of data for marketing for Customer, data science, and analytical purposes. At the time of merge or sale of Spectrum, license will extend to subsequent owner or operator. Customer’s continued use of Services signifies Customer’s agreement to be bound by the Terms of Service, Privacy Policy, and other applicable agreements of Spectrum’s subsequent owner/operator.
Some of the Services may require Customer to give Spectrum access to accounts or services you may have with third party providers (i.e. Facebook, Google My Business, etc.). When you provide this information to us or give us access to these third-party accounts, you agree that we are acting as agents of you and you authorize us to make any additions or changes necessary for the performance of the Services. Spectrum shall not be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from or in connection with Customer’s marketing activities that Spectrum is not expressly contracted to perform, including, but not limited to, changes made to any marketing or advertising activities originally performed by Spectrum.
Spectrum may make arrangements with third-party providers, or facilitate Customer making arrangements with third-party providers, that provide services in connection with the Services described in these Terms (“Third-Party Services”). Customer is responsible for all costs, fees, or expenses associated with the use of Third-Party Services. Spectrum does not endorse, is not responsible or liable for, and makes no representations as to any aspect of Third-Party Services, including, without limitation, the manner in which they manage or process data or any interactions between Customer and the provider of Third-Party Services. Spectrum is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or access to Third-Party Services. You may be required to register for or log into such Third-Party Services on their respective websites. By enabling any Third-Party services, you are expressly permitting Spectrum to disclose Customer’s log in and data provided in conjunction with the Services to facilitate the use of the Third-Party Services.
Spectrum represents and warrants that, during the Term of these Terms, the Services will perform materially as described. Except for the express warranties set forth in these Terms, Spectrum makes no warranties, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. The data and any related materials utilized to provide Services are provided “as is” without warranty of any kind, either express or implied. The entire risk of use of the data shall be with the user.
In the event of breach of warranty, Spectrum shall repair the software or reperform the Services in question, at its own expense. The preceding sentence, in conjunction with Customer’s rights to cancel their Subscription, for breach where applicable, states Customer’s sole remedy and Spectrum’s entire liability for breach of warranty.
Each party shall defend and indemnify the other party against any third-party claim, suit or proceeding arising out of, related to, or alleging (i) unauthorized disclosure or exposure or personally identifiable information resulting from the other party’s acts or omission or from those of its contractors; or (ii) intellectual property infringement by software or content indemnitor contributed to the system. Spectrum and its officers shall not be liable for any damages caused by delay in rendering performance arising from any cause beyond the reasonable control or Spectrum. Spectrum shall not be liable for any direct, indirect, special, punitive, or consequential damages that results in any way from your use of or inability to use the Services, your reliance on the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. The parties shall negotiate in good faith and use reasonable efforts to amicably settle any dispute, controversy or claim arising from or related to these Terms or breach thereof. A party hereto must submit a written notice to the other party to whom such dispute pertains, and any such dispute that cannot be resolved within thirty (30) calendar days or receipt of such notice will be submitted to an arbitrator selected by mutual agreement of the parties. Such arbitration will be conducted in accordance with the existing rules of the American Arbitration Association. The decision or the arbitrator(s) made in writing will be final and binding upon each of the parties.
Except as otherwise provided in these Terms, the Services may not be assigned by Customer except with the prior written consent of the other Party.